¶1
Appellant DxNA LLC appeals the trial court's judgment
that it had an enforceable employment agreement with Appellee
Phillip Grimm. DxNA also appeals the trial court's
calculation of prejudgment interest. Grimm cross-appeals,
arguing that the trial court erred in ruling that he did not
make a written demand and in therefore declining to award him
a statutory penalty or attorney fees for DxNA's failure
to pay his wages. We affirm.

BACKGROUND

¶2
Grimm was initially hired in 2007 to be the chief executive
officer (CEO) for DxNA Nucleic Analytics (Nucleic), located
in St. George, Utah.[1] His two-year employment agreement included
a yearly salary of $250, 000, an equity membership of 5%, and
reimbursement for business expenses. It also required that
Grimm's principal place of employment be St. George,
Utah, with the opportunity to work one week per month
elsewhere.

¶3
Less than a year later, Nucleic was in need of funding and
sought out Glory BioVentures LLC (Glory), an investment firm.
This resulted in Nucleic being restructured as DxNA LLC
(DxNA), with Glory as its majority owner. As a result of the
restructuring, Grimm was required to resign and be rehired by
DxNA, and for that reason, Grimm resigned with the
expectation that he would sign a new employment agreement
with DxNA. Following his resignation, he continued to work
and receive his salary and all of the compensation and
benefits provided for under the original agreement.

Negotiations
with Glory

¶4
Negotiations for Grimm's new employment agreement began
in July 2008. Several drafts of an agreement were exchanged
between Grimm and Glory, but the parties remained at an
impasse over three issues: whether Grimm's principal
place of employment would be in St. George or split between
St. George and Salt Lake City; whether severance pay for
termination without cause would be 15 weeks or 26 weeks; and
whether notice for non-renewal of Grimm's employment
agreement would be 90 days or 120 days.[2]

¶5
Glory sent Grimm a draft in February 2009 (the Final
Proposal), stipulating that he would receive 15 weeks of
severance pay, that his principal place of employment would
be divided between St. George and Salt Lake City,
[3] and
that the notice of non-renewal would be 90 days. Grimm
opposed two of these provisions in a June 2009 email,
proposing instead that his principal place of business be in
Salt Lake City, with travel as required to St. George, and
that, if he was terminated without cause, his severance pay
would be increased to 26 weeks.

¶6
A few weeks after Glory received Grimm's proposed
revisions, Grimm attended a DxNA board meeting at Glory's
office and met with one of its principal investors to discuss
the agreement. Grimm testified that an employment agreement
was signed (the Missing Agreement), resolving the disputed
issues in his favor. He said that Glory retained the Missing
Agreement and that he never received a copy. Glory refuted
this, claiming that no agreement was signed and that the
disputed issues were never resolved. But consistent with
Grimm's basic version of events, there were no further
discussions regarding an employment agreement after the
meeting. Grimm continued to reside in Salt Lake City and
commute to St. George, received a salary of $250, 000, and
obtained reimbursement for travel and business expenses.

Grimm's
Termination

¶7
Relations between Glory and Grimm soured in 2010, when Glory
became dissatisfied with Grimm's performance as CEO and
threatened to fire him. However, DxNA was once again
experiencing serious financial difficulties, and in July
2010, Glory divested itself of any ownership in DxNA by
assigning all its rights and interests over to DxNA in
exchange for a promissory note. After Glory's departure
as an owner, Grimm received an email in January 2011 from
DxNA's board of directors indicating that it intended to
completely reorganize DxNA and would require the resignation
of all employees. Shortly thereafter, Grimm was terminated by
the board. As the board understood it, no employment
agreement existed, and Grimm was an at-will employee who
could be fired without cause.

¶8
Two days after his termination, Grimm emailed a member of the
board (the Email) regarding the amounts that DxNA owed him
for unpaid salary, accrued paid time off (PTO), business
expenses, and severance pay. Because of DxNA's financial
difficulties, Grimm indicated in the Email that he would be
willing to work with DxNA in finding other ...

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